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  • Commentaries
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Kentucky Case Commentaries

Supreme Court of Kentucky Reinforces ALJ's Authority in Assessing Medical Treatment Reasonableness under KRS 342.020

Supreme Court of Kentucky Reinforces ALJ's Authority in Assessing Medical Treatment Reasonableness under KRS 342.020

Date: Oct 29, 1993
Supreme Court of Kentucky Reinforces ALJ's Authority in Assessing Medical Treatment Reasonableness under KRS 342.020 Introduction The case of Square D Company, Appellant, v. Bertha L. Tipton...
State Farm Mutual Automobile Insurance Company v. Wittmer: Establishing Limits on Bad Faith Claims under UCSPA

State Farm Mutual Automobile Insurance Company v. Wittmer: Establishing Limits on Bad Faith Claims under UCSPA

Date: Oct 12, 1993
State Farm Mutual Automobile Insurance Company v. Wittmer: Establishing Limits on Bad Faith Claims under UCSPA Introduction The case of Wittmer v. Tamara Jones and State Farm Mutual Automobile...
Impact of Settlement Agreements on Underinsured Motorist Coverage: A Comprehensive Analysis of Coots and Kitchen v. Allstate and State Auto

Impact of Settlement Agreements on Underinsured Motorist Coverage: A Comprehensive Analysis of Coots and Kitchen v. Allstate and State Auto

Date: Jul 2, 1993
Impact of Settlement Agreements on Underinsured Motorist Coverage: A Comprehensive Analysis of Coots and Kitchen v. Allstate and State Auto Introduction The cases of Sheila Coots and Victor Coots,...
STANFORD v. COMmonwealth: Upholding RCr 11.42 Standards for Motions to Vacate

STANFORD v. COMmonwealth: Upholding RCr 11.42 Standards for Motions to Vacate

Date: Jul 2, 1993
STANFORD v. COMmonwealth: Upholding RCr 11.42 Standards for Motions to Vacate Introduction The case of Kevin STANFORD v. COMmonwealth of Kentucky presents a pivotal examination of procedural...
Rigazio v. Archdiocese of Louisville: Affirmation of Statutes of Limitations in Sexual Abuse Litigation

Rigazio v. Archdiocese of Louisville: Affirmation of Statutes of Limitations in Sexual Abuse Litigation

Date: May 15, 1993
Rigazio v. Archdiocese of Louisville: Affirmation of Statutes of Limitations in Sexual Abuse Litigation Introduction Rigazio v. Archdiocese of Louisville is a pivotal case adjudicated by the Court of...
Affirmation of Non-Preemption and Jury Trial Rights in Sexual Discrimination Claims under the Kentucky Civil Rights Act

Affirmation of Non-Preemption and Jury Trial Rights in Sexual Discrimination Claims under the Kentucky Civil Rights Act

Date: Dec 18, 1992
Affirmation of Non-Preemption and Jury Trial Rights in Sexual Discrimination Claims under the Kentucky Civil Rights Act Introduction In the landmark case of Kay Denny Meyers v. The Chapman Printing...
Morganfield National Bank v. Damien Elder Sons: Establishing Limits on Setoff Rights in Partnership Accounts

Morganfield National Bank v. Damien Elder Sons: Establishing Limits on Setoff Rights in Partnership Accounts

Date: Sep 4, 1992
Morganfield National Bank v. Damien Elder Sons: Establishing Limits on Setoff Rights in Partnership Accounts Introduction In Morganfield National Bank, Appellant, v. Damien Elder Sons, a Partnership;...
Affirmation of Optional Underinsured Motorist Coverage under KRS 304.39-320: Implications for Insurance Agent Duties

Affirmation of Optional Underinsured Motorist Coverage under KRS 304.39-320: Implications for Insurance Agent Duties

Date: Sep 4, 1992
Affirmation of Optional Underinsured Motorist Coverage under KRS 304.39-320: Implications for Insurance Agent Duties Introduction The case of Ronald Mullins and Anthony Mullins v. Commonwealth Life...
Kentucky Supreme Court Clarifies Judicial Admissions and Summary Judgment Standards

Kentucky Supreme Court Clarifies Judicial Admissions and Summary Judgment Standards

Date: Jun 26, 1992
Kentucky Supreme Court Clarifies Judicial Admissions and Summary Judgment Standards Introduction In the landmark case of Terry D. Goldsmith and Kimberly Goldsmith v. Allied Building Components, Inc....
Revisiting Necessary Parties in Will Contests: West v. Goldstein

Revisiting Necessary Parties in Will Contests: West v. Goldstein

Date: Jun 26, 1992
Revisiting Necessary Parties in Will Contests: West v. Goldstein Introduction Case Citation: Thomas M. West, Sharon Neikirk, and Lynda Greene v. Irene Goldstein, 830 S.W.2d 379, Supreme Court of...
Severance and Mitigation in Joint Capital Trials: Foster v. Commonwealth of Kentucky

Severance and Mitigation in Joint Capital Trials: Foster v. Commonwealth of Kentucky

Date: May 15, 1992
Severance and Mitigation in Joint Capital Trials: Foster v. Commonwealth of Kentucky Introduction Foster v. Commonwealth of Kentucky, 827 S.W.2d 670 (Supreme Court of Kentucky, 1992), is a pivotal...
Res Ipsa Loquitur Applied in Medical Malpractice Without Expert Testimony: Perkins v. Hausladen

Res Ipsa Loquitur Applied in Medical Malpractice Without Expert Testimony: Perkins v. Hausladen

Date: Apr 10, 1992
Res Ipsa Loquitur Applied in Medical Malpractice Without Expert Testimony: Perkins v. Hausladen Introduction Nancy Perkins and Kenneth Perkins brought a legal action against Dr. Siegfried Hausladen,...
Supreme Court of Kentucky Upholds Work-Relatedness in Workers' Compensation Case

Supreme Court of Kentucky Upholds Work-Relatedness in Workers' Compensation Case

Date: Apr 10, 1992
Supreme Court of Kentucky Upholds Work-Relatedness in Workers' Compensation Case Introduction The case of Western Baptist Hospital v. Kelly presented before the Supreme Court of Kentucky in 1992...
Enhancing Juror Impartiality and Evidentiary Standards in Persistent Felony Offender Cases: Montgomery v. Commonwealth of Kentucky

Enhancing Juror Impartiality and Evidentiary Standards in Persistent Felony Offender Cases: Montgomery v. Commonwealth of Kentucky

Date: Jan 17, 1992
Enhancing Juror Impartiality and Evidentiary Standards in Persistent Felony Offender Cases: Montgomery v. Commonwealth of Kentucky Introduction Montgomery v. Commonwealth of Kentucky is a landmark...
Subjective Intent Standard Reinforced for 'Occurrence' in CGL Policies for Environmental Liability: Brown Foundation v. St. Paul Fire Marine Insurance Co.

Subjective Intent Standard Reinforced for 'Occurrence' in CGL Policies for Environmental Liability: Brown Foundation v. St. Paul Fire Marine Insurance Co.

Date: Sep 27, 1991
Subjective Intent Standard Reinforced for 'Occurrence' in CGL Policies for Environmental Liability: Brown Foundation v. St. Paul Fire Marine Insurance Co. Introduction The case of James Graham Brown...
Affirmation of Trial Court's Discretion in Denying Continuance in Sodomy Case

Affirmation of Trial Court's Discretion in Denying Continuance in Sodomy Case

Date: Aug 30, 1991
Affirmation of Trial Court's Discretion in Denying Continuance in Sodomy Case Introduction In the landmark case of Snodgrass v. Commonwealth, the Supreme Court of Kentucky faced a pivotal decision...
Implied Duty of Good Faith in Subordination Agreements: Ranier v. Mount Sterling National Bank

Implied Duty of Good Faith in Subordination Agreements: Ranier v. Mount Sterling National Bank

Date: Aug 30, 1991
Implied Duty of Good Faith in Subordination Agreements: Ranier v. Mount Sterling National Bank Introduction Phyllis Ranier v. Mount Sterling National Bank, 812 S.W.2d 154 (Ky. 1991), is a landmark...
Nucor Corp. v. General Electric: Reinforcing Judicial Discretion in Prejudgment Interest Awards and Pleading Amendments under Kentucky Law

Nucor Corp. v. General Electric: Reinforcing Judicial Discretion in Prejudgment Interest Awards and Pleading Amendments under Kentucky Law

Date: Aug 30, 1991
Nucor Corp. v. General Electric: Reinforcing Judicial Discretion in Prejudgment Interest Awards and Pleading Amendments under Kentucky Law Introduction In the landmark case Nucor Corporation v....
Adhering to Strict Summary Judgment Standards in Fiduciary Duty Cases: Steelvest Inc. v. Scansteel Service Center, Inc.

Adhering to Strict Summary Judgment Standards in Fiduciary Duty Cases: Steelvest Inc. v. Scansteel Service Center, Inc.

Date: Apr 17, 1991
Adhering to Strict Summary Judgment Standards in Fiduciary Duty Cases: Steelvest Inc. v. Scansteel Service Center, Inc. Introduction In the landmark case of Steelvest, Inc., d/b/a Steel Suppliers,...
Sanders v. Commonwealth of Kentucky: Upholding Death Penalty and Juror Impartiality in Capital Cases

Sanders v. Commonwealth of Kentucky: Upholding Death Penalty and Juror Impartiality in Capital Cases

Date: Feb 15, 1991
Sanders v. Commonwealth of Kentucky: Upholding Death Penalty and Juror Impartiality in Capital Cases Introduction Sanders v. Commonwealth of Kentucky, reported at 801 S.W.2d 665, is a significant...
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